http://bit.ly/sitarai


To: Prime Minister Baburam Bhattarai                                                                          

14 Poush 2069 (29 December 2012)
Prime Minister’s Office
Singha Durbar

Subject: Justice and Rule of Law

Dear Prime Minister Bhattarai, 

We are alarmed by the increasing incidences of violence against women across the country. As conscientious citizens we have been especially horrified by the looting and rape of “Sita Rai” by representatives of your government, on-duty civil servants of the Immigration Department and a police officer.

We are also alarmed by the police’s predatory “inquiry” into the mysterious death of Saraswoti Subedi. The body of the 31-year-old widow and mother was found in Anamnagar - minutes away from your office - where she was employed as a domestic worker in Krisha Parsai’s house.

The frequency of such cases, Chori Maya Maharajan, Shiwa Hasmi and Bindu Thakur to name just a few, are disturbing. The inevitably shoddy investigation that always follow the incidents force us ask you whether your government is capable of delivering justice to its citizens, especially the poor and marginalized?  

A citizen asking only for her due under the law should not need the Prime Minister’s personal intervention. The failure of your government to ensure the most basic of protections has led to this peaceful sit-in outside your residence. We have exhausted all other means. We now demand that you personally ensure your government prevents incidents of violence against women. In cases that do take place, we demand that you ensure justice. It is only when you fully and effectively prosecute perpetrators of violence against women that your government can be considered committed to ensuring the rule of law.  

We are aware of the fact that you committed yourself to ensuring justice for the victims of these cases during your 17:30 pm meeting yesterday, 13 Poush 2069 (28 December 2012), with women’s rights activists and representatives of Sita Rai and Saraswoti Subedi. You also committed during yesterday’s meeting to carry out a specific series of actions to ensure justice. To make it easier for you to convert your promises into action, we have compiled your verbal promises into a clearly written list of demands. 

Our Main Demands: 

In the “Sita Rai” case

1. Release the report of the government appointed investigation committee to the public. 
2. Initiate departmental and criminal proceedings against all civil servants involved in looting and raping “Sita Rai”. This includes those directly named by the victim, as well as all co-conspirators. 
3.Establish a committee comprising of women’s rights activists, human rights lawyers and representatives of the victims to ensure a full investigation. It being necessary to maintain oversight of the police investigations and assist the Women’s Commission, this committee should be empowered to

- review all evidence/investigative documents relating to the case.

- provide appropriate suggestions to the police department that must be implemented.

In the Saraswoti Subedi case

1. Commission a panel of doctors to conduct a second postmortem under the direct supervision of Dr. Renu Rajbhandari and Mohana Ansari of the Women’s Commission. 
2. Empower a team formed by the Women’s Commission to review all documents related to the investigation into the mysterious death. 

Demands related to both the cases

1. The Home Ministry must provide updates to the Women’s Commission within 48 hours on the status of investigations in  all open cases of violence against women. Specifically we demand updates on the following recent incidences: :

Shiwa Hashmi,
Bindu Thakur  
Chori Maiya Maharjan
Sita Rai
Saraswoti Subedi

The Women Commission should immediately create a system to provide regular updates to the victims’ representatives.

2. The Home Ministry must issues directives to all police posts across the country stating that the police has an obligation to register an FIR and/or start investigations on any alleged cases of violence against women reported to them. Departmental action should be initiated against the chief of any police post which fails to register a FIR. 

3. Home Minister Bijay Kumar Gachhadar must resign, accepting moral responsibility for his department’s spectacular failure in the Sita Rai case. 

4. As the root cause of all the above listed problems is a weak state machinery, Prime Minister Bhattarai must publicly apologize to the victims’ families, committing himself to strengthening the country’s security and legal systems. 


Long Term Demands

Extensive reforms are needed to prevent such incidents from becoming more frequent. Once our demands on the Sita Rai and Saraswoti Subedi cases are met, the following issues must be addressed:

1. Ensure that no one is above the law. Respect court orders and arrest those against whom courts have issued arrest warrants (For example Arjun Lama and Ujen Kumar Shrestha in the Maina Sunuwar case). 
2. Review and amend laws related to rape, including the 35 days limitation as well as rules of evidences and punishment.
3. Reform the police apparatus, making the department more professionals and accountable.
4. Ensure 50% representation of women in all government organs. 
5. Lift the age bar which prevents women under 30 years of age from going to work in the Gulf.
6. Make the Women Commission an independent statutory body.
7. Enhance the capacity of the women cell of the police.
8. Implement court orders related to fast track courts.

End.